How to get citizenship by descent

         Recent changes in the legislation of the Slovak Republic allow citizens of other states to acquire Slovak citizenship by descend more easily. To obtain Slovak citizenship this way you must not have previously been a citizen of the Slovak Republic, and at least one of your parents, grandparents, or great-grandparents must have been a Czechoslovak citizen born in the territory of the Slovak Republic.

What is necessary to prove ?

         It is necessary to prove that the applicant’s great-grandparent, grandparent, or parent was born on the territory of the current Slovak Republic and held Czechoslovak citizenship at any time during their life. This needs to be documented – place of birth in Slovakia and family relationship by birth certificates, Czechoslovak citizenship of ancestors, e. g. Czechoslovak passports, Czechoslovak citizenship certificate, census records from the Slovak national archives.

What are other fundamental conditions ?

         Another fundamental condition is that you must have a permit to reside in the Slovak Republic. This residence permit can be in the form of permanent residence or temporary residence permit. After fulfilling the mentioned conditions, it is possible to apply for citizenship (easier) without fulfilling the condition of continuous residence in the Slovak Republic for a period of 8 years.

         Other conditions for granting Slovak citizenship are as follows:

• The applicant cannot have a criminal record;
• Citizenship can be granted to someone who has not been sentenced to deportation by a court;
• Citizenship can be granted to someone who is not being prosecuted;
• Citizenship can be granted to someone against whom there are no extradition proceedings or proceedings for the execution of a European arrest warrant;
• Citizenship can be granted to someone who is not subject to administrative deportation proceedings;
• Citizenship can be granted to someone who is not subject to asylum revocation proceedings;
• Citizenship can be granted to those who fulfill the obligations arising from the provisions of the legislation governing the stay of foreigners in the territory of the Slovak Republic, public health insurance, social insurance, pension savings, taxes, fees, employment of foreigners and other obligations arising for foreigners from the legal order of the Slovak Republic;
• Citizenship can be granted to those who do not pose a threat to public order or the security of the Slovak Republic;
• An administrative fee 20 EUR is required.

         All the above-mentioned requirements must be proven by official documents, such as a detailed CV, valid ID, birth certificates, proof that an ancestor was a citizen of Czechoslovakia and was born in the territory of the Slovak Republic, proof of personal status (marriage certificate, a final judgment or confirmation of divorce, death certificate of the spouse, if the applicant is married, divorced or widowed) and the criminal record of each state of which the applicant is or was a citizen in the past, as well as the criminal record of each state in which the applicant was permitted to reside in the last 15 years before submitting the application for granting of Slovak citizenship.

         To prove that you fulfil your legal obligations in the Slovak Republic, it is necessary to submit confirmation from the tax office, customs office, and municipality regarding the payment of taxes and fees, employer’s confirmation of employment, and a copy of the employment contract, confirmation from the health insurance company regarding the payment for public health insurance and the duration of the insurance contract, and employer’s confirmation of payment of income tax and contributions for public health insurance, social insurance, and pension savings.

         All documents issued abroad must be verified for international use (superlegalization or apostille) and translated into Slovak language by an official translator registered in the list of translators of the Ministry of Justice of the Slovak Republic.

How long does the process take ?

         The duration of the entire citizenship granting process mainly depends on whether the applicant has the required documents readily available. If we were to search for documents in state archives on your behalf, the entire proceedings could be significantly extended.

         The Ministry of Interior shall decide on an application for the grant of Slovak Republic citizenship no later than 24 months from the submission of the application to the ministry.

         When assessing the fulfillment of the condition of residence in the territory of the Slovak Republic, the Ministry of Interior takes into account whether the applicant actually resided in the territory of the Slovak Republic during this period and the reasons for their absence from the territory of the Slovak Republic. The temporary residence must be maintained throughout the entire proceedings.

Temporary residence in Slovakia can be obtained primarily for the following purposes:

1. Business
2. Employment
3. Study
4. Family reunification
5. Research and development

         In addition to temporary residence, it is possible to apply for permanent residence. Permanent residence is granted only in cases worthy of special consideration and may not be granted.

         Obtaining residence in Slovakia, obtaining the required documents and the process of deciding on the granting of citizenship can take approximately 3 years.

         Please note that there is no legal claim to be granted Slovak citizenship, even after fulfilling  conditions established by law, which means that the Ministry of the Interior can reject the application.

What can we do for you ?

• Assistance and preparation of application for residency permit
• Assistance and preparation with documents necessary for residency permit
• assistance and preparation of application
• preparation of all necessary documents, consultancy and information
• acquiring necessary documents from state archives or various authorities
• personal representation in procedure at ministry of interior

Why use a lawyer ?

There are usual mistakes when submitting an application, namely incomplete documentation, faulty, incorrectly verified documents, officially incorrectly translated documents into Slovak language, communication with authorities, because of language barrier. We are ready to assist you and accompany you throughout the process until successful ending.

Do not hesitate to contact us via phone number +421 915 980 808 or e-mail: kornhauser@ak-ak.sk.

This article is no legal service. Each legal advice must be always considered legally and factually individually.